Pradyumna Sa vs Trinath Barik & Others
2025 Latest Caselaw 4069 Ori

Orissa High Court

Pradyumna Sa vs Trinath Barik & Others on 17 February, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             LAA No.41 of 2015
            Pradyumna Sa                               ....           Appellant
                                                 Mr. Adhiraj Behera, Advocate

                                         -versus-
            Trinath Barik & others                      ....        Respondents

Mr. C.Anand Rao, Sr. Advocate along with Mr. G.N. Sahu, Advocate (for Resp.Nos.2&3) Mr. Anshuman Sethy, ASC (for Resp.No.4)

CORAM:

HON'BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER

23. 17.02.2025 This matter is taken up through Hybrid Mode.

2. Mr. C. Anand Rao, learned senior counsel along with Mr. Gokulananda Sahu, learned counsel appearing for respondent nos.2 and 3 submitted that respondent no.1 failed to substantiate his claim to be adopted son of Sumitra, even before this Court in RSA No.301 of 2014 (Arnapurna Pradhan Vrs. Trinath Barik and others), disposed of on 27.09.2024. He submitted that by virtue of the impugned judgment dated 25.07.2015 passed by the learned Senior Civil Judge, Sundargarh in Land Acquisition Reference Case No.4 of 2009, it has clearly been established that the purchaser (Basanta Kumar Naik) of the suit schedule property, is entitled to receive the entire compensation amount of Rs.13,75,860/- on account of acquisition of his land by the Government out of Hal Khata No.65 of Mouza- Girisuan. The said judgment is under challenge in the present Land Acquisition Appeal.

3. Mr. C.A. Rao, learned senior counsel appearing for respondent nos.2 and 3 further submitted that the appellant having lost the claim before this Court in the 2nd Appeal, there remains nothing for further adjudication for determining the entitlement of the valid purchaser for receiving the aforesaid compensation amount. Therefore, he suggested to dismiss this Land Acquisition Appeal.

4. At this stage, Mr. Adhiraj Behera, learned counsel appearing for the appellant seeks ten days accommodation as a last indulgence.

5. List this matter on 04.03.2025.

(M.S. Raman) Judge

MRS

Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Feb-2025 17:42:20